12The defendant in the main proceedings adds that, even if measures of the type in question could be regarded as capable of hindering trade, they nevertheless do not constitute measures having an effect equivalent to quantitative restrictions prohibited by Article 30. Those measures, which apply without distinction to national and imported products, were adopted for imperative reasons — in this case the rationalization, and therefore the continuation, of a national health-care scheme — which, by virtue of the judgment of the Court of 20 February 1979 (Case 120/79 Rewe [1979] ECR 649), justify obstacles of that kind so that they escape the prohibition contained in Article 30. Finally, the defendant in the main proceedings claims, in the alternative, that even if the measures in question were to be regarded as measures having an effect equivalent to quantitative restrictions they would fall within the exception provided for in Article 36 of the Treaty as restrictions justified on the grounds of the protection of health.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.